TMI Blog2016 (7) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent is liable to compensate for cancelling the orders and reimburse the cost and damages incurred by the petitioner; whether the respondent acted in violation of Clause 4.1 of ‘Buyers Agreement’ dated 18.10.2012 by diverting the orders to another agency and, if so, whether the respondent is liable to compensate the petitioner and such other incidental questions can be examined only by the arbitrator. When an arbitration agreement exists between the parties, the present petition under Section 11 (5) read with Section 11 (9) of the Arbitration and Conciliation Act, 1996, shall have to be allowed with appropriate directions. In the result, we allow this petition and appoint Mr. Justice Kailash Gambhir, a Former Judge, Delhi High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the respondent. As per the aforesaid agreement, the petitioner has been selling/supplying its aforesaid products and the respondent has been buying/purchasing the products for resale/sale in the territory of France. There was a long business relationship since 2000, even prior to execution of the agreement and the petitioner was regularly supplying the products to the respondent. At the time of execution of the aforesaid agreement, it was acknowledged that the respondent owes a total amount of Euro 367814.80 as the outstanding amount. The details of the outstanding dues have been mentioned in Schedule-I of the Buyers Agreement . The petitioner has alleged that as per the terms and conditions of the Buyers Agreement dated 18.10.2012, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uyers Agreement , the respondent shall not purchase/obtain/ deal with the products or any goods that compete with them, for sale from any person, firm or company in India other than the petitioner. The respondent not only cancelled the orders, but also in violation of Clause 4.1 of the Buyers Agreement dated 18.10.2012, purchased the same products worth approximately Euro 700000 from M/s. Chahat Exports, 148-A, Basement, Deep Complex, Near Maharani Bagh, New Delhi and Dhruv Overseas, 4502, Dau Bazar, Cloth Market, Fateh Puri, Delhi. Placing such orders with other firms, according to petitioner, is a violation of terms and conditions of the terms of the Buyers Agreement which stipulates commitment between the parties for five years to ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent. The court s bailiffs seized a total amount of Euro 48000 in HSBC bank on 11.10.2013 and Caisse d Epargne on 14.10.2013 in compliance to order of Appellate Court, Douai, France dated 25.09.2014. The petitioner filed a claim before the Tribunal-DE-COMMERCIAL DE LILLE METROPOLIS, France for recovery of debt amounting to Euro 393916.95, the Tribunal however dismissed the claim of the petitioner vide its order dated 30.01.2014. Petitioner then filed an Appeal No. Minute:14/389/RG 14/01147 before the Appellate Court, Douai, France against the order dated 30.01.2014 passed by the President of the Commercial Court of LILLE, which also came to be dismissed by its judgment dated 25.09.2014. The appellate court declared the appeal ina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rties out of or in relation to or in connection with this Agreement, or the breach, termination, effect, validity, interpretation or application of this Agreement or as to their rights, duties or liabilities hereunder, shall be settled by the Parties by mutual negotiations and agreement. If, for any reason, such Dispute cannot be resolved amicably by the parties, the same shall be referred to and settled by way of arbitration proceedings by three arbitrators, one to be nominated by each Party and the third to be appointed by the two appointed arbitrators. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996, or any subsequent enactment or amendment thereto (the Arbitration Act ) by a sole ..... X X X X Extracts X X X X X X X X Extracts X X X X
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